UPSC Prelims 2022 · Question 18 of 98
UPSC Prelims 2022 question on Writs Mandamus Certiorari
- ExamUPSC CSE
- Year2022
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicHigher Judiciary (SC and HC)
- DifficultyMedium
- TypeStatement
With reference to the writs, issued by the Courts in India, consider the following statements:
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
Show answer
Answer: C. 1 and 3 only
Verdict
Correct statements: 1 and 3 → Option (c).
Statement by statement
Statement 1 – CORRECT: The writ of mandamus cannot be issued against a private individual or body, to enforce departmental instruction that does not possess statutory force, when the duty is discretionary and not mandatory, against the president of India or the state governors, or against the chief justice of a high court acting in a judicial capacity. It can be issued against a private organisation only if it is entrusted with a public duty.
Statement 2 – INCORRECT: Mandamus can also be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose. A Government Company can be subject to Mandamus.
Statement 3 – CORRECT: Quo Warranto means 'by what authority or warrant'. It is issued by the court to enquire into the legality of the claim of a person to a public office. The writ can be issued only in case of a substantive public office of a permanent character. Any interested person and not necessarily the aggrieved person can seek Quo Warranto writ.